Introduced in February 2001, AB1349 started off as a general adoption records bill—that is, it was about “records” and not specifically about an adopted person’s own original birth certificate (OBC). It was, however, amended to provide the OBC upon request to adult adoptees. At a committee hearing in the Assembly Judiciary Committee, the bill went south when the committee added discriminatory amendments and created a complex intermediary process unrelated to birth records. AB1349 ultimately died in the Assembly on February 7, 2002.
History of AB1349
As Introduced
Assembly Member Anthony Pescetti introduced AB1349 in February 2001. As introduced, it provided only for release of specific court records; it did not involve the release of a copy of the original birth certificate.
As First Amended
The first amendments came before a scheduled April 2001 hearing in the Assembly Judiciary Committee. The amendments essentially rewrote the bill to restore the right of California-born adult adopted people to request and obtain a copy of their own original birth certificates. Optional birthparent contact preference forms—as well as medical history forms—were also included in the amended bill. It also retained release of the entire adoption file held by the public or private adoption agency.
As Amended Again
The next amendments to the bill in early January 2002 removed provisions related to release of the entire adoption agency file to the adult adopted person. It retained provisions that would restore the right of an adult adopted person to request and obtain a copy of their own original birth certificate.
Final Amendments
The Judiciary Committee amended the bill and eliminated the right of an adult adopted person to obtain their own birth record upon request. Instead, the committee approved bill language to create a complex consent-based intermediary system intended to facilitate contact between birthparents and adopted people. If an adult adopted person knew the identities of the birthparents listed on the original birth certificate, however, the OBC could be released.
Referral to Appropriations
After the Judiciary Committee voted 10-0 to recommend passage of a now completely gutted bill, it was referred to the Assembly Committee on Appropriations, where AB1349 died on February 7, 2002, without further consideration.
Support and Opposition
Going into the hearing on January 15, 2002, AB1349 had the following organizational support:
California Open 2001
Adoptees’ Liberty Movement Association (ALMA)
Adoption Connection of Jewish Family and Children’s Services
Adopt International
Adoption Network Agency
Adoption Triad Ministry
Alabamians Working for Adoption Reform and Education
American Adoption Congress
Americans for Open Records
Association of Korean Adoptees of San Francisco
Association of Korean Adoptees – Southern California
Bastard Nation
Bay Area Birthmothers Association
Birthparents for Open Records Now
California Society for Clinical Social Work
Coalition of Adoptive Parents for Open Records
Concerned United Birthparents
Cooperative Adoption Consulting
Families Adopting in Response (FAIR)
Holt International Children’s Services
Independent Adoption Center
Kids & Families Together
Minnesota Adoption Resource Network
Pact: An Adoption Alliance
Post Adoption Center for Education & Research (PACER)
Sunflower Birthmothers
The following organizations registered opposition to the bill (as amended to include equal rights provisions to the OBC)
Academy of California Adoption Lawyers
California ProLife Council, Inc.
Committee on Moral Concerns
National Council For Adoption (NCFA)